113. (1) The holder of a mineral right shall in the conduct of his or her operations give
preference to -
(a) materials and products made in Uganda; and (b) service agencies located in Uganda,
to the maximum extent possible and consistent with safety, efficiency and economy.
(2) The holder of a mineral right shall, in all phases of his or her operations, give preference in employment to citizens of Uganda to the maximum extent possible and shall carry out all operations in a manner consistent with safety, efficiency and economy.
Underground work for women, etc.
114. Notwithstanding the provisions of any other law to the contrary, a woman may be
employed in any underground work in any mine or in any operation or activity relating to or associated with mining.
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Disposal of minerals.
115. (1) No minerals shall be disposed of in any manner whether for the purposes of
sampling, assay, analysis or otherwise except -
(a) with the written consent of the Commissioner;
(b) in accordance with the terms of the mineral right concerned; or (c) as otherwise permitted by or under this Act.
(2) Any person who contravenes subsection (1) of this section commits an offence and is liable, on conviction, to a fine of not less than two hundred and fifty currency points or to imprisonment for a term of not less than two years, or both.
Export of minerals.
116. (1) The Commissioner may grant to any person a permit to export minerals from
Uganda on conditions determined by or under this Act and specified in such permit.
(2) The grant of any such permit shall not exempt the person concerned from complying with the requirements of any other law relating to the export of minerals.
(3) Any person who exports any mineral from Uganda without complying with the requirements of subsection (1) of this section commits an offence and is liable, on conviction, to a fine of not less than two hundred and fifty currency points or to imprisonment for a term of not less than two years, or both.
Import of minerals.
117. (1) The Commissioner may grant to any person an import permit to import minerals
into Uganda on conditions prescribed by or under this section and specified in the permit. (2) A person who imports any minerals into Uganda under this section shall make a declaration before a customs officer regarding the type and quantity of minerals imported, after which the customs officer shall certify the import permit.
(3) An import permit under subsection (1) of this section shall be issued only on payment of the prescribed fee.
(4) Before any minerals are re-exported from Uganda, the relevant import permit shall be surrendered to a customs officer who shall submit it to the Commissioner.
(5) Any person who imports any minerals into Uganda without complying with the requirements of this section commits an offence and is liable, on conviction, to a fine of not less than two hundred and fifty currency points or to imprisonment for a term of not less than two years, or both.
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Administrative review by Minister.
118. (1) Any person aggrieved by any decision of the Commissioner may, within thirty days
after being notified of the decision, request, in writing, an administrative review of the decision by the Minister.
(2) The Minister may, within sixty days after receipt of a request for administrative review under this section, confirm, set aside or vary the decision complained of.
(3) The Minister shall give reasons in writing for his or her decision on a review under this section.
Judicial review of Minister’s decisions. 119. (1) Any person aggrieved by -
(a) the rejection by the Minister of a request for administrative review under section 118 of this Act; or
(b) any direction, decision or order by the Minister under this Act; or (c) any other act or omission by the Minister under this Act,
may, within forty five days after receipt of notification of the act or omission complained of, or, if the Minister fails to decide on an administrative review within thirty days after the period prescribed under subsection (2) of section 118 of this Act, apply to the High Court for judicial review.
(2) On an application to the High Court under this section, the High Court may make such orders as it may consider just.
Miscellaneous offences.
120. (1) Any person who shall -
(a) place or deposit or be an accessory to the placing or depositing of any mineral in any spot or place for the purpose of misleading any person as to the nature, quality or quantity of the mineral naturally occurring at such spot or place; or (b) mingle or cause to be mingled with any sample of metal, mineral ore or any
substance which will increase or decrease the value or in any way change the nature of such metal, mineral or ore, with intent to defraud any person,
commits an offence and is liable, on conviction, to a fine not exceeding two hundred and fifty currency points or to imprisonment for a term not exceeding five years, or both.
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(a) wilfully breaks, defaces or removes, or in any way interferes with any boundary mark, beacon, pillar, peg or post erected for any of the purposes of this Act; or under the regulations; or
(b) wilfully removes or alters any such mark, beacon, pillar, peg or post after it has been delineated on a plan or survey,
commits an offence and is liable, on conviction, to a fine not exceeding two hundred and fifty currency points or to imprisonment for a term not exceeding two years, or both.
(3) Any person who -
(a) interferes with any prospecting, exploration or mining operations authorised by or under this Act;
(b) obstructs any holder of a mineral right in the exercise of any right conferred by or under this Act; or
(c) interferes with any machinery, plant, works or property established on, in, under or over any land in exercise of a right conferred by or under this Act, commits an offence and is liable, on summary conviction, to a fine not exceeding two hundred and fifty currency points or to imprisonment for a term not exceeding two years, or both.
(4) Any person who commits a breach of any of the provisions of this Act for which no penalty is expressly provided shall be liable, on summary conviction, to a fine not exceeding one hundred currency points or to imprisonment for a term not exceeding one year, or both.
(5) Where any person is convicted of an offence under this section and the time limited for appeal has elapsed or the appeal has been refused, the Commissioner shall cancel any mineral right, which has been granted to any such person under this Act.
Regulations.
121. (1) The Minister may make regulations for the conservation and development of
mines and minerals on new areas or areas already gazetted as such and otherwise for the purpose of giving effect to the provisions of this Act.
(2) Without prejudice to the generality of subsection (1) of this section, the regulations may include provisions for or with respect to -
(a) anything, which may be prescribed under this Act;
(b) the manner in which applications under this Act shall be made, the form of documents required and information to be supplied by an applicant;
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(c) the shape of the area over which a mineral right may be granted and the manner in which areas and boundaries shall be marked, beaconed and surveyed and the fees payable in respect of such surveys;
(d) the rejection of an application for a mineral right and the renewal, transfer, assignment or surrender of a mineral right;
(e) the returns to be rendered and the nature of the accounts, books and plans to be kept by the holder of a mineral right;
(f) the valuation, sampling, weighing and testing of minerals;
(g) the method of calculation of the amount of royalties and the manner of payment of such royalties;
(h) the fees to be paid in respect of any service rendered or matter or thing done under this Act;
(i) the restriction or prohibition of prospecting, exploration or mining operations for environmental reasons;
(j) the safety of the public and the safety and welfare of persons employed in mines and the carrying on of prospecting, exploration and mining operations in a safe,
proper and effective manner;
(k) the notices and other safety measures necessary to protect the owner or lawful occupier of any land who exercises his or her right to graze stock upon or cultivate the surface of such land under section 80 of this Act;
(l) the inspection of mines by authorised officers;
(m) the proper and efficient working of exploration and mining areas and mines, as well as the avoidance of wasteful mining practices or wasteful metallurgical practices;
(n) the penalties, not exceeding one hundred currency points or imprisonment for a
term not exceeding one year, for breach of any offence under the regulations or anything which is to be prescribed; and
(o) requiring any person who is the holder of a mineral right on the date of commencement of this Act to comply with such provisions of this Act as the Minister may from time to time specify.
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Repeal of the Mining Act, Cap. 248.
122. (1) The Mining Act (Cap 248) is repealed.
(2) Notwithstanding the repeal referred to in subsection (1) of this section –
(a) any public officer or other employee holding office or employment under the repealed Act on the date of commencement of this Act shall continue to hold such office or employment as if appointed or employed under this Act;
(b) any regulations made under the repealed Act shall, in so far as they are consistent with the provisions of this Act, continue in force as if they were made under this Act.
Amendment of Schedule.
123. The Minister may, by statutory instrument, after consultation with the Minister
responsible for finance and with the approval of the Cabinet, amend the Schedules to this Act.
Transitional provision relating to existing mineral rights, etc.
124. Notwithstanding the repeal referred to in section 122 of this Act, any right or title
granted under the repealed enactment and subsisting immediately before the date of commencement of this Act shall continue in force; except that any such right or title shall be limited as prescribed by the law under which it was granted.
SCHEDULES
FIRST SCHEDULE
Section 2 A currency point is equivalent to twenty thousand shillings.
Section 98 (3) SECOND SCHEDULE
Government … … … 80%
Local Governments … … … 17%
Owners or lawful occupiers